2008-022-Authorizing The Town Manager To Execute An Agreement With Ross Recreation Equipment Company, Inc. For The Replacement Purchase And Installation Of Park Structure For Howes Play Lot In The AmRESOLUTION 2008-022
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH
ROSS RECREATION EQUH'MENT COMPANY, INC. FOR THE REPLACEMENT
PURCHASE AND INSTALLATION OF A PARK STRUCTURE FOR HOWES PLAY LOT IN
THE AMOUNT OF $39,129.18
WHEREAS, a park structure at the Howes Play Lot was demolished due to a fallen tree during
the recent winter storm of January 4, 2008;
WHEREAS, the 2008109 mid-year budget provides for the replacement purchase of the park
structure;
WHEREAS, staff prepared a request for proposal for the park structure at Howes Play Lot; and
WHEREAS, Ross Recreation Equipment Company, Inc., who is the authorized Northern
California dealer for this type of equipment, submitted a bid which the Town Council deems to be
responsive to the Town's solicitation process; and
WHEREAS, staff recommends the replacement purchase of a park structure from Ross
Recreation Equipment Company, Inc.; and
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos,
County of Santa Clara, State of California, that Ross Recreation Equipment Company, Inc. is declared to
be the authorized satisfactory vendor for the purchase of a park structure; and
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and directed to
execute an agreement (Attached as Exhibit A) for the equipment purchase of a park structure in the
amount of $39.,129.18.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 17th day of March, 2008, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor
Barbara Spector
NAYS: None
ABSENT:
ABSTAIN:
~--•''~ SIG D:
,/
1'
MAYOR OF THE TOWN OF LOS GATOS
LOS CJATOS, CALIFORNIA
~F THE TOWN OF LOS GATOS
TOS, CALIFORNIA
AGREEMENT BETWEEN THE TOWN OF LOS GATOS ANll
ROSS RECREATION EQUIPMENT COMPANY, INC.
FOR THE REPLACEMENT PURCHASE AND INSTALLATION
OF A PARK STRUCTURE FOR THE HOWES PLAY LOT
THIS AGREEMENT is made and entered into in the Town of Los Gatos, County of
Santa Clara, State of California, by and between the Town of Los Gatos, a municipal
corporation [hereinafter Town], and Ross Recreation Equipment Company, Inc. [hereinafter
Vendor], as of the day , 2008.
RECITALS
(A) A Quotation was sought by the Town for the purchase described in this Agreement, and
Vendor was found to be a responsible supplier for this purchase.
(B) Vendor represents that it is a qualified and competent supplier of the equipment to be
purchased under this Agreement.
IT IS AGREED AS FOLLOWS:
1. Supplies and Terms. Vendor hereby agrees to deliver to the Town of Los Gatos Parks
and Public Works Department at 41 Miles Avenue, Los Gatos, CA 95030 the items and
materials described in Exhibit A hereto. The terms and conditions are as follows:
2. Price. Town shall pay Vendor the amounts defined in Exhibit A, and which include sales
tax and delivery charges. Payment shall be net 30 days from delivery.
4. Insurance.
A. Minimum Scope of Insurance:
Vendor agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to
an amount not less than: one million dollars ($1,000,000) combined
single limit per occurrence for bodily injury, personal injury and property
damage.
ii. Vendor agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff
to an amount not less than one million dollars ($1,000,000) combined
single limit per accident for bodily injury and property damage.
EXHIBIT A
iii. Vendor shall provide to the Town all certificates of insurance., with
original endorsements effecting coverage including loss of property due to
fire loss. Vendor agrees that all certificates and endorsements are to be
received and approved by the Town before work commences.
iv. Vendor agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than $1,000,000 which
is sufficient to insure Vendor for professional errors or omissions in the
performance of the particular scope of work under this agreement.
B. General Liability:
The Town, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities performed
by or on behalf of the Vendor; products and completed operations of
Consultant, premises owned or used by the Vendor. This requirement
does not apply to the professional liability insurance required for
professional errors and omissions.
ii. The Vendor's insurance coverage shall be primary insurance as respects
the Town, its officers, officials, employees and volunteers. Any insurance
or self-insw•ances maintained by the Town, its officers, officials,
employees or volunteers shall be excess of the Vendor's insurance and
shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees or
volunteers.
iv. The Vendor's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
C. All Coverages: Each insurance policy required in this item shall be endorsed to
state that coverage shall not be suspended, voided, canceled, reduced in coverage
or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the Town. Current certification of
such insurance shall be kept on file at all dines during the term of this agreement
with the Clerk Administrator.
D. In addition to these policies, Vendor shall have and maintain Workers'
Compensation insurance as required by California law and shall provide evidence
of such policy to the Town before beginning services under this Agreement.
Further, Vendor shall ensure that all subcontractors employed by Vendor provide
the required Workers' Compensation insurance for their respective employees.
Indemnification. The Vendor shall save, keep and hold harmless, indemnify and defend
the Town, its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses in law or equity that may at any time arise or be set up
because of damages to property or personal injury received by reason of, or in the course
of performing work which may be occasioned by a willful or negligent act or omission of
the Vendor, or any of the Vendor's officers, employees, or agents or any subcontractor.
6. Warranty. Vendor shall remedy any defects due to faulty materials and/or workmanship
from the date of installation of equipment. Warranty time dines for equipment shall be as
follows: Labor and materials shall be warranted by the Vendor for one year.
Delivery. Owner shall be responsible to deliver equipment no later than June Z, 2008
between the hours of 7:00 A. M. and 3:30 P. M. on weekdays that are not Town holidays.
8. Time of the Essence. Prompt delivery of the items and materials is essential to this
Agreement.
9. Equal Employment Opportunity. Vendor warrants that it is an Equal Opportunity
Employer and shall comply with applicable regulations regarding equal employment
opportunity. Vendor shall not discriminate in the employment of any person because of
race, color, national origin, ancestry, mental or physical disability, medical condition,
marital status, sex, age, or sexual preference, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment and Housing Act.
10. Notices. All notices to be givetl with respect to this Agreement shall be addressed as
follows:
To: Town of Los Gatos To: Vendor
Town of Los Gatos Ross Recreation Equipment Company, Inc.
Parks and Public Works Department 100 Brush Creek Road
41 Miles Avenue Santa Rosa, CA 90255
Los Gatos, CA 95030 Attn: Jenny .Ogston
11. Waivers. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver or a waiver of a subsequent breach of the same or any other provision
of the Agreement.
12. Modification. Waiver, termination, or amendment to this Agreement is effective unless
made in writing and signed by the Town and the Vendor.
13. Severability. If any term of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall remain in effect.
14. Entire Agreement. This Agreement including Exhibit A sets forth the entire
understanding between the parties.
IN WITNESS WHEREOF, the Town and the Vendor have executed this Agreement on the
date above written.
Town of Los Gatos, by:
Greg Larson, Town Manager
Ross Recreation Equipment Company
Signature
Recommended by:
Kevin Rohani, Interim Director of
Parks and Public Works
Print Name
Approved as to Form:
Orry P. Korb, Town Attorney
Attest:
Town of Los Gatos, Los Gatos California
Jackie Rose, Clerk Administrator
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(2/26/2008) Tim Boyer - Nowes Park Quote.
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Page 1
Ross Recreation
v F_quipment Co. Inc.
100 Brush Creek Rd
- #101
Santa Rosa CA 95404
t'f;Ci'E`titlt7ti P{~tSl(}tIl{'.il. Phone 707-538-3800
Fax 707.638.3826
Bill To
Town of Los Gatos
p. O, Box 655
Los Gatos, CA 95031
Quote #
Quote Date
Expiration
Date
Project Name
Quote Name
Q-00396
02/26f2008
05/30/2D08
Howes Park
Howes Park Structure
Ship To
Town of Los Gatos Corp Yard
41 Miles Ave
Los Gatos, CA 95030
Customer Authl PO# Terms Sales erson Est. Shl Date
Net 30 On Materials Shipment Jenny Ogs[on //
Part Quantity
Number
Description
Unit Price Extended
price
Playbooster, 5-12 1.0 Playstructure, Pb, 5-12 • Design 73195-2-1- Includes
Pinnacle $26,281.00 $26,261.00
freight -.Ross 1.0
Truckload Freight-Offl~d .Not Included - 24 x 16 $2,270.00 $2,270.00
Installation 1,g Installation -Installation rd structure- does not lnciude
site preparation, storage of materials or ~curity. $8,410.00 $8,410.00
Total Weight NaN LB
Notes: Total Materials 826,281.00
Sales Tax {8,25 %) 82,1ss.18
Total Freight 82,270.00
Subtotal $30,719.18
Total Labor 88,410,00
Total Other $0.00
Total $39,129.18
Approved By:
Printed Name: